Friday, January 8, 2021

25th Amendment

 I am going to discuss it briefly this morning....Already Mr. Pence has said he is not going to invoke it. 

The 25th Amendment is a long 4 part Amendment of the US Constitution. 

Here is part 4- The part in which the cabinet would remove a president from office.

Section 4 (the only section of the amendment that has never been invoked) addresses the case of an incapacitated president who is unable or unwilling to execute the voluntary declaration contemplated in Section 3. It allows the vice president, together with a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide", to issue a written declaration that the president is "unable to discharge the powers and duties" of their office. Upon such a declaration being made, the vice president immediately becomes acting president while (as with Section 3) the president remains in office, albeit divested of all authority

-In other words the cabinet will get together and say the President is no longer either physically or mentally able to carry out his job. 

If and when a president thus declared unable subsequently issues a declaration stating that they are able, then a four-day period begins during which the vice president remains acting president. If by the end of this period the vice president and a majority of the "principal officers of the executive departments"( Cabinet members) have not issued a second declaration of the president's incapacity, then the president resumes his powers and duties.  

But if a second declaration of incapacity is issued within the four days, then the vice president remains acting president while Congress considers the matter. Then if within 21 days the Senate and the House determine, each by a two-thirds vote, that the president is unable, then the vice president continues as acting president...... Otherwise the president resumes his powers and duties....This is different than an impeachment. In an impeachment, a simple majority is needed to indict....two-thirds of the Senate to remove....in the 25th two-thirds vote is needed in both the House and Senate. 

Confused? By the time all this occurs, Mr. Trump's time in office will be over. And we won't even get into the number of interim cabinet members and their possible not having authority to vote, or having authority to vote...

 

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